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DeLAY v. MARATHON LeTOURNEAU SALES

No. A7811 18426; CA 15905.

618 P.2d 11 (1980)

48 Or.App. 811

Wesley E. DeLay, by His Guardian Ad Litem, Norma DeLay, Appellant, v. MARATHON LeTourneau SALES and Service Company, an Oregon Corporation; Marathon Manufacturing Company, a Delaware Corporation; and Marathon LeTourneau Company, a Delaware Corporation, Respondents.

Court of Appeals of Oregon.

Decided October 13, 1980.

Attorney(s) appearing for the Case

Bernard Jolles, Portland, argued the cause for appellant. On the brief were William B. Aitchison and Jolles, Sokol & Bernstein, P.C., Portland.

Paul R. Duden, Portland, argued the cause for respondents. With him on the brief was Tooze, Kerr, Marshall & Shenker, Portland.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

Plaintiff through his guardian ad litem brought this action for injuries he sustained on May 27, 1977, when he fell from a log stacker manufactured and sold by defendants. As the basis of his cause of action plaintiff alleges that the log stacker was dangerously defective because it contained no cage or safety device to prevent plaintiff's fall and that defendants were negligent in selling the log stacker to his employer, the Stimson Lumber Company...

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